SB21: Bill Text

SB21,4676 Section 4676. 938.357 (5) (e) of the statutes is amended to read:

SB21,1713,19 938.357 (5) (e) If the hearing examiner finds that the juvenile has violated a condition of community supervision or aftercare supervision, the hearing examiner shall determine whether confinement in a juvenile correctional facility or a secured residential care center for children and youth is necessary to protect the public, to provide for the juvenile's rehabilitation, or to not depreciate the seriousness of the violation.

SB21,4677 Section 4677. 938.357 (5) (g) of the statutes is amended to read:

SB21,1714,2 938.357 (5) (g) The department shall promulgate rules setting standards to be used by a hearing examiner to determine whether to revoke a juvenile's community supervision or aftercare status. The standards shall specify that the burden is on the department or county department seeking revocation to show by a preponderance of the evidence that the juvenile violated a condition of community supervision or aftercare supervision.

SB21,4678 Section 4678. 938.365 (7) of the statutes is amended to read:

SB21,1714,8 938.365 (7) Changes in placement and trial reunifications not permitted. Nothing in this section may be construed to allow any changes in placement, trial reunification, or revocation of community supervision or aftercare supervision. Revocation and other changes in placement may take place only under s. 938.357, and trial reunifications may take place only under s. 938.358.

SB21,4679 Section 4679. 938.366 (1) of the statutes is renumbered 938.366 (1) (intro.) and amended to read:

SB21,1714,14 938.366 (1) (intro.) Applicability. This section applies to a person who is a full-time student of a secondary school or its vocational or technical equivalent, for whom an individualized education program under s. 115.787 is in effect, and to whom any of the following applies:

SB21,1714,22 (a) The person is placed in a foster home, group home, or residential care center for children and youth, in the home of a relative other than a parent, or in a supervised independent living arrangement under an order under s. 938.355, 938.357, or 938.365 that terminates as provided in s. 938.355 (4) (am) 1., 2., or 3., 938.357 (6) (a) 1., 2., or 3., or 938.365 (5) (b) 1., 2., or 3. on or after the person attains 18 years of age, who is a full-time student of a secondary school or its vocational or technical equivalent, and for whom an individualized education program under s. 115.787 is in effect.

SB21,4680 Section 4680. 938.366 (1) (b) of the statutes is created to read:

SB21,1714,25 938.366 (1) (b) The person is placed in a shelter care facility on the date on which an order specified in par. (a) terminates.

SB21,4681 Section 4681. 938.366 (2) (a) of the statutes is amended to read:

SB21,1715,15 938.366 (2) (a) Not less than 120 days before an order described in sub. (1) (a) terminates, the agency primarily responsible for providing services under the order shall request the person who is the subject of the order to indicate whether he or she wishes to be discharged from out-of-home care on termination of the order, wishes to continue in out-of-home care until the date specified in s. 938.365 (5) (b) 4. under an extension of the order, or wishes to continue in out-of-home care under a voluntary agreement under sub. (3). If the person indicates that he or she wishes to be discharged from out-of-home care on termination of the order, the agency shall request a transition-to-discharge hearing under par. (b). If the person indicates that he or she wishes to continue in out-of-home care under an extension of the order, the agency shall request an extension of the order under s. 938.365. If the person indicates that he or she wishes to continue in out-of-home care under a voluntary agreement under sub. (3), the agency and the person shall enter into such an agreement.

SB21,4682 Section 4682. 938.366 (2) (b) 1. of the statutes is amended to read:

SB21,1716,2 938.366 (2) (b) 1. If the person who is the subject of an order described in sub. (1) (a) indicates that he or she wishes to be discharged from out-of-home care on termination of the order, the agency primarily responsible for providing services to the person under the order shall request the court to hold a transition-to-discharge hearing and shall cause notice of that request to be provided to that person, the parent, guardian, and legal custodian of that person, any foster parent or other physical custodian described in s. 48.62 (2) of that person, all parties who are bound by the dispositional order, and, if that person is an Indian juvenile who has been removed from the home of his or her parent or Indian custodian, that person's Indian custodian and tribe.

SB21,4683 Section 4683. 938.366 (2) (b) 3. of the statutes is amended to read:

SB21,1716,8 938.366 (2) (b) 3. At the hearing the court shall review with the person who is the subject of an order described in sub. (1) (a) the options specified in par. (a) and shall advise the person that he or she may continue in out-of-home care as provided in par. (a) under an extension of the order or under a voluntary agreement under sub. (3).

SB21,4684 Section 4684. 938.366 (2) (b) 4. of the statutes is amended to read:

SB21,1716,24 938.366 (2) (b) 4. If the court determines that the person who is the subject of an order described in sub. (1) (a) understands that he or she may continue in out-of-home care, but wishes to be discharged from that care on termination of the order, the court shall advise the person that he or she may enter into a voluntary agreement under sub. (3) at any time before he or she is granted a high school or high school equivalency diploma or reaches 21 years of age, whichever occurs first, so long as he or she is a full-time student at a secondary school or its vocational or technical equivalent and an individualized education program under s. 115.787 is in effect for him or her. If the court determines that the person wishes to continue in out-of-home care under an extension of the order described in sub. (1) (a), the court shall schedule an extension hearing under s. 938.365. If the court determines that the person wishes to continue in out-of-home care under a voluntary agreement under sub. (3), the court shall order the agency primarily responsible for providing services to the person under the order to provide transition-to-independent-living services for the person under a voluntary agreement under sub. (3).

SB21,4685 Section 4685. 938.366 (3) (a) of the statutes is amended to read:

SB21,1717,11 938.366 (3) (a) On termination of an order described in sub. (1) (a), the person who is the subject of the order, or the person's guardian on behalf of the person, and the agency primarily responsible for providing services to the person under the order may enter into a transition-to-independent-living agreement under which the person continues in out-of-home care and continues to be a full-time student at a secondary school or its vocational or technical equivalent under an individualized education program under s. 115.787 until the date on which the person reaches 21 years of age, is granted a high school or high school equivalency diploma, or terminates the agreement as provided in par. (b), whichever occurs first, and the agency provides services to the person to assist him or her in transitioning to independent living.

SB21,4686 Section 4686. 938.366 (3) (am) of the statutes is created to read:

SB21,1717,20 938.366 (3) (am) 1. The agency primarily responsible for providing services under the agreement shall petition the court for a determination that the person's placement in out-of-home care under the agreement is in the best interests of the person. The request shall contain the name and address of the placement and a statement describing why the placement is in the best interests of the person and shall have a copy of the agreement attached to it. The agency shall cause written notice of the petition to be sent to the person who is the subject of the agreement and the person's guardian.

SB21,1717,25 2. On receipt of a petition under subd. 1., the court shall schedule a hearing on the petition. Not less than 3 days before the hearing the agency primarily responsible for providing services under the agreement or the court shall provide notice of the hearing to all persons who are entitled to receive notice under subd. 1. A copy of the petition shall be attached to the notice.

SB21,1718,4 3. If the court finds that the person's placement in out-of-home care under the agreement is in the best interests of the person, the court shall grant an order determining that placement in out-of-home care under the agreement is in the best interests of the person.

SB21,4687 Section 4687. 938.366 (3) (d) of the statutes is created to read:

SB21,1718,11 938.366 (3) (d) If the agency that enters into a voluntary agreement under this subsection is the department or a county department, the voluntary agreement shall also specifically state that the department or the county department has placement and care responsibility for the person who is the subject of the agreement as required under 42 USC 672 (a) (2) and has primary responsibility for providing services to the person.

SB21,4688 Section 4688. 938.366 (3g) of the statutes is created to read:

SB21,1718,16 938.366 (3g) Appeal procedures. Any person who is aggrieved by the failure of an agency to enter into a transition-to-independent-living agreement under sub. (3) or by an agency's termination of such an agreement has the right to a contested case hearing under ch. 227.

SB21,4689 Section 4689. 938.366 (4) (a) of the statutes is amended to read:

SB21,1718,21 938.366 (4) (a) Rules permitting a foster home, group home, or residential care center for children and youth to provide care for persons who agree to continue in out-of-home care under an extension of an order described in sub. (1) (a) or a voluntary agreement under sub. (3).

SB21,4690 Section 4690. 938.38 (1) (ap) of the statutes is created to read:

SB21,1718,24 938.38 (1) (ap) "Juvenile" includes a person 17 years of age or over for whom a permanency plan is required under sub. (2).

SB21,4691 Section 4691. 938.38 (2) (d) of the statutes is amended to read:

SB21,1719,3 938.38 (2) (d) The juvenile was placed under a voluntary agreement between the agency and the juvenile's parent under s. 48.63 (1) (a) or (5) (b) or under a voluntary transition-to-independent-living agreement under s. 938.366 (3).

SB21,4692 Section 4692. 938.38 (4) (fg) 5. of the statutes is amended to read:

SB21,1719,8 938.38 (4) (fg) 5. As provided in par. (fm), placement in some other planned permanent living arrangement that includes an appropriate, enduring relationship with an adult, including sustaining care or long-term foster care, but not including independent living, or the goal of transitioning the juvenile to independence.

SB21,4693 Section 4693. 938.38 (4) (fg) 6. of the statutes is repealed.

SB21,4694 Section 4694. 938.38 (4) (fm) of the statutes is amended to read:

SB21,1719,22 938.38 (4) (fm) If the agency determines that there is a compelling reason why it currently would not be in the best interests of the juvenile to return the juvenile to his or her home or to place the juvenile for adoption, with a guardian, or with a fit and willing relative as the permanency goal for the juvenile, the permanency goal of placing the juvenile in some other planned permanent living arrangement or of transitioning the juvenile to independence as described in par. (fg) 5. If the agency makes that determination, the plan shall include the efforts made to achieve that permanency goal, including, if appropriate, through an out-of-state placement, a statement of that compelling reason, and, notwithstanding that compelling reason, a concurrent plan under s. 938.355 (2b) towards achieving a goal under par. (fg) 1. to 4. as a concurrent permanency goal in addition to the permanency goal under par. (fg) 5.

SB21,4695 Section 4695. 938.38 (5) (a) of the statutes is amended to read:

SB21,1720,10 938.38 (5) (a) Except as provided in s. 48.63 (5) (d), the court or a panel appointed under par. (ag) shall review the permanency plan for each juvenile for whom a permanency plan is required under sub. (2) in the manner provided in this subsection not later than 6 months after the date on which the juvenile was first removed from his or her home and every 6 months after a previous review under this subsection for as long as the juvenile is placed outside the home, except that for the review that is required to be conducted not later than 12 months after the juvenile was first removed from his or her home and the reviews that are required to be conducted every 12 months after that review, the court shall hold a hearing under sub. (5m) to review the permanency plan. The hearing may be instead of or in addition to the review under this subsection. The 6-month and 12-month periods referred to in this paragraph include trial reunifications under s. 938.358.

SB21,4696 Section 4696. 938.38 (5) (c) 6. d. of the statutes is amended to read:

SB21,1720,15 938.38 (5) (c) 6. d. Being placed in some other planned permanent living arrangement that includes an appropriate, enduring relationship with an adult, including sustaining care or long-term foster care, but not including independent living, or transitioning to independence.

SB21,4697 Section 4697. 938.38 (5) (c) 9. of the statutes is amended to read:

SB21,1720,24 938.38 (5) (c) 9. If the juvenile is the subject of an order that terminates as provided in s. 938.355 (4) (am) 4., 938.357 (6) (a) 4., or 938.365 (5) (b) 4. or of a voluntary transition-to-independent-living agreement under s. 938.366 (3), the appropriateness of the transition-to-independent-living plan developed under s. 938.385; the extent of compliance with that plan by the juvenile, the juvenile's guardian, if any, the agency primarily responsible for providing services under that plan, and any other service providers; and the progress of the juvenile toward making the transition to independent living.

SB21,4698 Section 4698. 938.38 (5m) (a) of the statutes is amended to read:

SB21,1721,7 938.38 (5m) (a) The court shall hold a hearing to review the permanency plan and to make the determinations specified in sub. (5) (c) for each juvenile for whom a permanency plan is required under sub. (2) no later than 12 months after the date on which the juvenile was first removed from the home and every 12 months after a previous hearing under this subsection for as long as the juvenile is placed outside the home. The 12-month periods referred to in this paragraph include trial reunifications under s. 938.358.

SB21,4699 Section 4699. 938.385 of the statutes is amended to read:

SB21,1721,25 938.385 Plan for transition to independent living. During the 90 days immediately before a juvenile who is placed in a foster home, group home, or residential care center for children and youth, in the home of a relative other than a parent, or in a supervised independent living arrangement attains 18 years of age or, if the juvenile is placed in such a placement under an order under s. 938.355, 938.357, or 938.365 that terminates under s. 938.355 (4) (am) after the juvenile attains 18 years of age or under a voluntary transition-to-independent-living agreement under s. 938.366 (3) that terminates under s. 938.366 (3) (a) after the juvenile attains 18 years of age, during the 90 days immediately before the termination of the order or agreement, the agency primarily responsible for providing services to the juvenile under the order or agreement shall provide the juvenile with assistance and support in developing a plan for making the transition from out-of-home care to independent living. The transition plan shall be personalized at the direction of the juvenile, shall be as detailed as the juvenile directs, and shall include specific options for obtaining housing, health care, education, mentoring and continuing support services, and workforce support and employment services.

SB21,4700 Section 4700. 938.48 (1) of the statutes is amended to read:

SB21,1722,8 938.48 (1) Enforcement of laws. Promote the enforcement of the laws relating to delinquent juveniles and juveniles in need of protection or services and take the initiative in all matters involving the interests of those juveniles when adequate provision for those matters is not made. This duty shall be discharged in cooperation with the courts, the department of children and families, county departments, licensed child welfare agencies, parents, and other individuals interested in the welfare of juveniles.

SB21,4701 Section 4701. 938.48 (8p) of the statutes is renumbered 48.48 (8r) and amended to read:

SB21,1722,18 48.48 (8r) Indian juvenile placements. Reimburse To reimburse Indian tribes and county departments, from the appropriation under s. 20.410 (3) 20.437 (1) (kp), for unexpected or unusually high-cost out-of-home care placements of Indian juveniles children who have been adjudicated delinquent by tribal courts. In this subsection, "unusually high-cost out-of-home care placements" means the amount by which the cost to an Indian tribe or to a county department of out-of-home care placements of Indian juveniles children who have been adjudicated delinquent by tribal courts exceeds $50,000 in a fiscal year.

SB21,4702 Section 4702. 938.48 (13) of the statutes is amended to read:

SB21,1722,23 938.48 (13) Allowances and cash grants. Promulgate rules for the payment of an allowance to juveniles in its institutions and a cash grant to a juvenile being discharged from its institutions or released to community supervision or aftercare supervision.

SB21,4703 Section 4703. 938.50 of the statutes is amended to read:

SB21,1723,15 938.50 Examination of juveniles under supervision of department. The department shall examine every juvenile who is placed under its supervision to determine the type of placement best suited to the juvenile and to the protection of the public. The examination shall include an investigation of the personal and family history of the juvenile and his or her environment, any physical or mental examinations necessary to determine the type of placement appropriate for the juvenile, and an evaluation under s. 938.533 (2) to determine whether the juvenile is eligible for corrective sanctions supervision or serious juvenile offender supervision (3) (a) to determine the appropriate level of supervision and services based on the juvenile's risks and needs. The department shall screen a juvenile who is examined under this section to determine whether the juvenile is in need of special treatment or care because of alcohol or other drug abuse, mental illness, or severe emotional disturbance. In making the examination the department may use any facilities, public or private, that offer assistance in determining the correct placement for the juvenile.

SB21,4704 Section 4704. 938.51 (1m) of the statutes is amended to read:

SB21,1723,25 938.51 (1m) Notification of local agencies. The department or county department having supervision over a juvenile described in sub. (1) shall determine the local agencies that it will notify under sub. (1) (a) based on the residence of the juvenile's parents or on the juvenile's intended residence specified in the juvenile's community supervision plan or aftercare supervision plan or, if those methods do not indicate the community in which the juvenile will reside following release from a juvenile correctional facility or a secured residential care center for children and youth or from the supervision of the department or county department, the community in which the juvenile states that he or she intends to reside.

SB21,4705 Section 4705. 938.533 (title) of the statutes is repealed and recreated to read:

SB21,1724,2 938.533 (title) Community supervision.

SB21,4706 Section 4706. 938.533 (1) of the statutes is created to read:

SB21,1724,5 938.533 (1) Definition. In this section, "Type 2 status" means the status of a juvenile who is placed in a Type 2 juvenile correctional facility.

SB21,4707 Section 4707. 938.533 (2) of the statutes is renumbered 938.533 (2) (intro.) and amended to read:

SB21,1724,24 938.533 (2) Corrective sanctions program Community supervision services. (intro.) From the appropriation under s. 20.410 (3) (hr), the department shall purchase or provide a corrective sanctions program to serve an average daily population of 136 juveniles unless the appropriation under s. 20.410 (3) (hr) is supplemented under s. 13.101 or 16.515 and the positions for the program are increased under s. 13.101 or 16.505 (2) or unless funding and positions to serve more than that average daily population are otherwise available, in at least 3 counties, including Milwaukee County. The department's office of juvenile offender review shall evaluate and select for participation in the program community supervision services for juveniles who have been placed under the community supervision of the department under s. 938.183, 938.34 (4h) or (4m), or (4n), 938.357 (4). The department shall place a program participant in the community, provide intensive surveillance of that participant, and provide an average of not more than $3,000 per year per slot to purchase community-based treatment services for each participant. The department shall make the intensive surveillance, or 938.538 (3) (a) 2. For each juvenile who is placed under community supervision, the department may purchase or provide any of the following services:

SB21,1725,5 (a) Surveillance, including electronic monitoring or global positioning system tracking, which the department shall make available 24 hours a day, 7 days a week, and may purchase or provide electronic monitoring for the intensive surveillance of program participants. The department shall provide a report based on the juvenile's level of risk and community safety considerations.

SB21,1725,15 (b) Report center in Milwaukee County to provide on-site programming after school and in the evening for juveniles from Milwaukee County who are placed in the corrective sanctions program. A contact worker providing services under the program shall have a case load of approximately 10 juveniles and, during the initial phase of placement in the community under the program of a juvenile who is assigned to that contact worker, shall have not less than one face-to-face contact per day with that programming, including social, behavioral, academic, community service, and other programming, after school, in the evening, on weekends, on other nonschool days, and at other times when the juvenile is not under immediate adult supervision.

SB21,1725,18 (c) Contacts with the juvenile and the juvenile's family of a type, frequency, and duration that are commensurate with the juvenile's level of risk and individualized treatment needs.

SB21,1725,21 (d) Case management services under the program shall be provided by a corrective sanctions community supervision agent who shall have a case load of approximately 15 juveniles.

SB21,1725,23 (4) Rules. The department shall promulgate rules to implement the program this section.

SB21,4708 Section 4708. 938.533 (2) (e) of the statutes is created to read:

SB21,1726,2 938.533 (2) (e) Any other treatment or services that are needed to meet the needs of the juvenile as determined by the department.

SB21,4709 Section 4709. 938.533 (3) of the statutes is amended to read:

SB21,1726,18 938.533 (3) Institutional status. (a) A participant in the corrective sanctions program The office of juvenile offender review in the division of juvenile corrections in the department shall evaluate each juvenile who is placed under community supervision and may place such a juvenile in Type 2 status. A juvenile who is placed in Type 2 status is under the supervision of the department, is subject to the rules and discipline of the department, and is considered to be in custody, as defined in s. 946.42 (1) (a). Notwithstanding ss. 938.19 to 938.21, if a juvenile who is placed in Type 2 status violates a condition of his or her participation in the corrective sanctions program community supervision, the department may, without a hearing, take the juvenile into custody and place the juvenile in a juvenile detention facility or return the juvenile to placement in a Type 1 juvenile correctional facility or a secured residential care center for children and youth. This paragraph does not preclude a juvenile who has violated a condition of his or her participation in the corrective sanctions program community supervision from being taken into and held in custody under ss. 938.19 to 938.21.

SB21,1727,4 (b) The department shall operate the corrective sanctions program community supervision for a juvenile who is placed in Type 2 status as a Type 2 juvenile correctional facility. The secretary may allocate and reallocate existing and future facilities as part of the Type 2 juvenile correctional facility. The Type 2 juvenile correctional facility is subject to s. 301.02. Construction or establishment of a Type 2 juvenile correctional facility shall be in compliance with all state laws except s. 32.035 and ch. 91. In addition to the exemptions under s. 13.48 (13), construction or establishment of a Type 2 juvenile correctional facility is not subject to the ordinances or regulations relating to zoning, including zoning under ch. 91, of the county and city, village, or town in which the construction or establishment takes place and is exempt from the investigations permitted under s. 46.22 (1) (c) 1. b.

SB21,4710 Section 4710. 938.533 (3m) of the statutes is amended to read:

SB21,1727,9 938.533 (3m) Escape. If a juvenile who is placed in Type 2 status runs away from his or her placement in the community while participating in the corrective sanctions program community supervision, the juvenile is considered to have escaped in violation of s. 946.42 (3) (c).

SB21,4711 Section 4711. 938.538 (3) (a) 2. of the statutes is amended to read:

SB21,1727,12 938.538 (3) (a) 2. Intensive or other field supervision, including corrective sanctions community supervision under s. 938.533 or aftercare supervision.

SB21,4712 Section 4712. 938.538 (5) (a) of the statutes is amended to read:

SB21,1727,18 938.538 (5) (a) The office of juvenile offender review in the division of juvenile corrections in the department may release a participant to aftercare community supervision under s. 301.03 (10) (d) at any time after the participant has completed 2 years of participation in the serious juvenile offender program. Aftercare Community supervision of the participant shall be provided by the department.

SB21,4713 Section 4713. 938.538 (6m) (b) of the statutes is amended to read:

SB21,1728,5 938.538 (6m) (b) In the selection of classified service employees for a juvenile correctional facility authorized under 1993 Wisconsin Act 377, section 9108 (1) (a), the appointing authority shall make every effort to use the expanded certification program under s. 230.25 (1n) or rules of the administrator director of the division bureau of merit recruitment and selection in the office of state employment relations department of administration to ensure that the percentage of employees who are minority group members approximates the percentage of the juveniles placed at that juvenile correctional facility who are minority group members. The administrator of the division director of the bureau of merit recruitment and selection in the office of state employment relations shall provide guidelines for the administration of the selection procedure.

SB21,4714 Section 4714. 938.57 (4) of the statutes is amended to read:

SB21,1728,18 938.57 (4) Aftercare supervision. A county department may provide aftercare supervision under s. 938.34 (4n) for juveniles who are released from juvenile correctional facilities or secured residential care centers for children and youth. If a county department intends to change its policy regarding whether the county department or the department shall will provide aftercare supervision for juveniles released from juvenile correctional facilities or secured residential care centers for children and youth or the department will provide community supervision for those juveniles, the county executive or county administrator, or, if the county has no county executive or county administrator, the chairperson of the county board of supervisors, or, for multicounty departments, the chairpersons of the county boards of supervisors jointly, shall submit a letter to the department stating that intent before July 1 of the year preceding the year in which the policy change will take effect.

SB21,4715 Section 4715. 940.20 (2m) (title) of the statutes is amended to read:

SB21,1728,21 940.20 (2m) (title) Battery to probation, extended supervision and parole agents, community supervision agents, and aftercare agents.

SB21,4716 Section 4716. 940.20 (2m) (a) 1m. of the statutes is created to read: